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COUNTY OF KENDALL v. AURORA NAT. BANK

No. 2-90-0496.

579 N.E.2d 1283 (1991)

219 Ill. App.3d 841

162 Ill.Dec. 469

The COUNTY OF KENDALL, Plaintiff-Appellant, v. AURORA NATIONAL BANK TRUST NO. 1107, Donald Hamman and Carol Hamman, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied November 5, 1991.

Attorney(s) appearing for the Case

Dallas C. Ingemunson, Kendall County State's Atty., Yorkville, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, for County of Kendall.

Joseph H. Barnett, Puckett, Barnett, Larson, Mickey, Wilson & Ochsenschlager, Wilson Burnell, Truemper, Hollingsworth & Wojtecki, Aurora, for Aurora Nat. Bank Trust No. 1107, Donald Hamman and Carol Hamman.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, the County of Kendall (County), appeals the judgment of the circuit court dismissing its complaint for an injunction against defendants, Aurora National Bank, as trustee under trust No. 1107, and Donald and Carol Hamman, the beneficiaries of the land trust. The County sought to enjoin defendants from extracting and removing sand from land held by the trust. This is the second time the parties have been...

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